Election Promises Must Uphold Fairness, Rule of Law
As parties and individuals seeking election finalise the policies they will take to the people in the lead up to the Federal polls, the Law Council of Australia is calling on them to prioritise protection of the rule of law, promote the administration of justice, support the exercise of rights under the law and commit to the principles of good law making.
“Today we release our 2025 Federal Election Call to Parties. We wholeheartedly believe the recommendations made in this document can make Australia a fairer and more just society,” Law Council of Australia President, Juliana Warner said.
“The Law Council is seeking a commitment from candidates to improve access to justice for all Australians by providing vital, and long overdue, funding for legal assistance services. These services are relied upon by Australians to help to resolve family law disputes, remove themselves from harm, enforce their employment rights, defend themselves against charges, or make sure they have a roof over their head.
“The Law Council is particularly calling on those seeking election to establish a financially sustainable model of grants of legal aid to private practitioners, including Independent Children’s Lawyers, to ensure they can continue to deliver high-quality legal assistance services across Australia.
“Around 72 per cent of legal aid approved matters – more than 100,000 cases – are provided by private practitioners, the majority of whom are working in very small businesses. But these lawyers and small businesses are at breaking point, and many are considering walking away from legal aid work unless rates are raised to more sustainable levels.
“The level of unmet legal need continues to rise as a result of funding failures. Sadly, those most harmed by these failures are the most vulnerable members of our community, including children, First Nations people, people with disability and older Australians.
“In particular, people living in rural, regional and remote parts of Australia can find it difficult to access a lawyer when they need one. To assist with this growing crisis, the Law Council is proposing a HELP debt relief incentive that we believe can help bring more lawyers to where they are needed.”
The Law Council’s Call to Parties offers considered proposals on a range of other challenges facing Australia today.
“Our next Government must adopt an approach to criminal justice reform that is evidence-based and consistent with the rule of law and Australia’s international human rights obligations,” Ms Warner said. “This should include national leadership on child justice in line with the recommendations of the National Children’s Commissioner; raising the minimum age of criminal responsibility at the federal level to 14 years; repealing all Commonwealth provisions imposing mandatory minimum periods of imprisonment; and in line with the recent Budget commitment, the establishment of a Commonwealth Parole Board.
“The Law Council is also seeking a commitment to ensuring that our laws are operating as intended – supported by appropriately resourced services – when it comes to protecting and supporting those experiencing family violence.
“The responses we are seeking also include the establishment of a Federal Judicial Commission, further privacy reforms, careful improvements to the regulation of artificial intelligence technology, and the introduction of a federal Human Rights Act.
“Each of the reform measures we are calling for must be underpinned by a commitment to proper consultation with relevant stakeholders.
“Good lawmaking depends on robust and transparent consultation processes. The Law Council is concerned that legislative reform processes are increasingly rushed and lack transparency or public scrutiny. This impacts the efficacy, accuracy and appropriateness of potential reforms. It also undermines the participation of civil society and may erode democratic culture and decision making.
“The Law Council will be asking parties and independent candidates for formal responses to each of the recommendations contained in its Call to Parties, which we will share with the profession and public.”
https://www.lawcouncil.asn.au/media/media-releases/fairness-and-the-rule-of-law-must-underpin-election-commitments